Page No.1 of 5 IN MAC-539-2022 2025:CGHC:52749 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 539 of 2022 [Arising out of award dt. 05.01.2022, passed in Claim Case No.481/2018 (Nandkishor Tamboli v. Allauddin Musalman and others) by the 8th Addl. Motor Accident Claims Tribunal, Durg (CG)] Nandkishor Tamboli S/o Bhagwati Tamboli, Aged About 48 Years R/o Ward No. 39, Baidyanathpara, Durg, Tahsil And District - Durg (C.G.) ... Appellant Versus 1 - Allauddin Musalman S/o Ajimuddin Musalman Aged About 52 Years R/o Through - Adarsh Transport, Near Muslim Kabristan, Ganjpara, Durg, Tahsil And District - Durg (C.G.) (Driver Of The Bus No. Cg 07-E 0450) 2 - Afzal Khan S/o Haji Hamid Khan, Aged About 38 Years R/o - Adarsh Transport, Near Muslim Kabristan, Ganjpara, Durg, Tahsil And District - Durg (C.G.) (Owner Of The Bus No. Cg 07-E 0450) 3 - National Insurance Company Limited, Pandariya Road, Gandai, District - Rajnandgaon (C.G.) Through Branch Office - Akash Ganga, Supela, Bhilai, District - Durg (C.G.) (Insurer Of The Bus No. Cg 07- E 0450) ... Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Appellant : Mr. Syed Majid Ali, Advocate For Respondent No.3 : Mr. P.K. Tulsyan, Advocate ------------------------------------------------------------------------------------------------ Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board) 29.10.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 SAIFAN KHAN Digitally signed by SAIFAN KHAN Page No.2 of 5 IN MAC-539-2022 (for short the “Act of 1988”) has been preferred by the appellant/claimant seeking enhancement of amount of compensation, challenging the impugned award dt. 05.01.2022, passed in Claim Case No.481/2018 (Nandkishor Tamboli v. Allauddin Musalman and others) by the 8th Addl. Motor Accident Claims Tribunal, Durg (CG), whereby learned Claims Tribunal has awarded a total sum of Rs.6,29,700/- as compensation for the injuries sustained by the appellant in the accident occurred on 09.07.2016. 2. Learned counsel for the appellant would submit that learned Claims Tribunal has erred in awarding less amount of compensation in the facts of the case. In the present case, the appellant used to work as Driver and, in the accident, he suffered disability to the extent of 50%, but the learned Claims Tribunal has only taken 30% under the head of loss of income due to disability and, as such, the learned Claims Tribunal has erred in not correctly assessing the income of the appellant. Further, the learned Claims Tribunal has also erred in awarding less amount on other conventional heads i.e. pain and suffering, transportation, special diet etc., which may also be enhanced suitably. Therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3. Learned counsel for the respondent would submit that the appellant have failed to prove nature of occupation and income by Page No.3 of 5 IN MAC-539-2022 producing clinching and admissible piece of evidence, hence, the amount of compensation awarded by the Claims Tribunal is just and proper which does not call for any interference. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 5. In the case at hand, since the appellant, who used to work as Driver and has suffered disability to the extent of 50% in the accident in question, which is clearly established vide disability certificate (Ex.P/75), duly proved by Dr. D.K. Patel (Witness No.02), therefore, the learned Claims Tribunal has erred in only taking 30% disability while calculating the amount under the head of loss of income of the appellant due to disability. Even, as per minimum wages, the learned Claims Tribunal has wrongly assessed the monthly income of the appellant to be R.6,000/- only, which ought to have be taken as Rs.6,500/- per month. Moreover, the appellant also remained hospitalized and undergone treatment from 09.07.2016 to 08.08.2019, therefore, it appears that the learned Claims Tribunal has also erred in not awarding proper compensation to the appellant under other conventional heads i.e. pain and suffering, transportation, special diet etc. Thus, in the considered opinion of this Court, the amount of compensation awarded by the learned Claims Tribunal is liable to be enhanced. Page No.4 of 5 IN MAC-539-2022 6. Thus, in light of the aforesaid discussion and in light of the judgments of the Supreme Court rendered in the matters of National Insurance Company Ltd. V. Pranay Sethi 1, Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors2 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors 3 , this Court is computing the compensation as below:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Loss of Future Income due to disability (Rs.6,000/- X 12 X30)/100 = Rs.21600/- Rs.6500 x 12 = Rs.78,000/- + 19500 (i.e. 25% future prospect) x 50/100 =Rs.48750/- 2. Multiplier 13 x 21600 = Rs.2,80,800/- 13 x 48750 = Rs.6,33,750/- 3. Loss of Income during medical treatment Rs.6000x12x3 = (+) Rs.2,16,000/- (+) Rs.6500x12x3 = Rs.2,34,000/- 4. Medical Expenses (+) Rs.45,500/- (+) Rs.45,500/- 5. Transportation (+) Rs.14,400/- (+) Rs.12,000/- x 3 = Rs.36,000/- 6. Pain and suffering (+) Rs.5,000/- (+) Rs.5000/- x3 = Rs.15,000/- 7. Special Diet (+) Rs.36,000/- (+) Rs.36,000/- 8. Attender (+) Rs.12,000/- (+) Rs.10,000/- x 3 = Rs.30,000/- 9. Future Medical Treatment (+) Rs.10,000/- (+) Rs.10,000/- x 3 = Rs.30,000/- 10. Loss of comfort of life (+) Rs.10,000/- (+) Rs.10,000/- x 3 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 Page No.5 of 5 IN MAC-539-2022 = Rs.30,000/- Total Rs.6,29,700/- Rs.10,90,250/- 7. In view of the aforesaid analysis, the amount of compensation of Rs.6,29,700/- awarded by the Claims Tribunal is enhanced to Rs.10,90,250/-. Hence, after deducting the amount of Rs.6,29,700/-, the appellant is held entitled for an additional amount of Rs.4,60,550/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 45 days from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 7% per annum from the date of filing of claim application i.e. 05.10.2018 before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 8. Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. sd/- (Sanjay K. Agrawal) Judge s@if